EdgeMarc Energy Sued for Failing to Pay Overtime – Class Action
Last Wednesday a single person employed by EdgeMarc Energy in Ohio filed a lawsuit against the company in federal court claiming he was “misclassified” as an independent contractor when in reality he was functioning as a full-blown employee. Why does it make a difference? Because independent contractors (1099s) are paid a straight, per-hour rate no matter how many hours they work, whereas employees must, under federal (and state) law, be paid overtime for any hours worked over 40. The worker alleges the company intentionally uses independent contractor status to wiggle out of paying overtime, and that he’s not the only one. Normally one disgruntled employee suing an employer is not newsworthy–but in this case the law firm is attempting to get the lawsuit certified as a class action, potentially covering hundreds of workers. And that IS a big deal…
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Seven radical green groups–Sierra Club, Clean Air Council (CAC), FracTracker Alliance, Earthworks, PennFuture, Breathe Project, Environmental Integrity Project–sent a protest letter last week to the Pennsylvania Dept. of Environmental Protection objecting to a request by Shell that its 97-mile Falcon Ethane Pipeline be granted certain air permit exemptions. Shell is asking the DEP to determine whether or not (hopefully not) any emissions coming from the pipeline would be “minor sources,” exempting the pipeline from certain permits. The rads are telling the DEP to deny that request, in an attempt to slow or even stop the project. With no ethane, Shell’s $6 billion cracker plant, currently under construction, can’t begin operation. Will the DEP do the right thing and ignore these nutters?…
Chesapeake Energy “amended and restated” its “senior secured revolving credit facility” on Wednesday. What does that mean in everyday language? It means the company has talked a bunch of banks into allowing the company to borrow up to $3 billion on a line of credit backed by the value of the company and its assets. That’s some kind of line of credit! The 15 banks doing the loaning were actually willing to pony up $3.8 billion, but Chessy only wants to use up to $3 billion. Aside from a huge line of credit, this news indicates that the banks have confidence that Chesapeake will be an ongoing concern for the foreseeable future. That is, no serious danger of bankruptcy, even though the company still maintains a mountain-high debt load. Below are the banks willing to roll the dice on Chesapeake…
Getting permission to build a new pipeline from the Federal Energy Regulatory Commission (FERC) is one thing. An important thing. But beyond permission to build, you also need permission to charge a particular rate for those using the pipeline. Shell is currently building a $6 billion ethane cracker in Monaca, PA, near Pittsburgh, to chemically “crack” ethane from shale wells into ethylene–the raw building material of plastics. Shell is also building a 97-mile, two-legged pipeline system called the Falcon Ethane Pipeline (see
Yesterday Pennsylvania’s Commonwealth Court upheld a PA Dept. of Environmental Protection (DEP) fine levied on EQT for $1.1 million related to a leaky wastewater impoundment in 2012. The case dates back to 2014 when the PA Dept. of Environmental Protection (DEP) slapped EQT with a $4.53 million fine for a leaky wastewater impoundment in Tioga County, something that happened two years earlier (see
Penn Virginia issued what may appear to most to be a low-key, innocuous press release yesterday, announcing the company has added a new board member. Penn Virginia said that V. Frank Pottow has joined the Board of Directors as a new independent member, effective September 10, 2018. Pottow is the co-founder of GCP Capital and has been a managing director and member of the investment committee of Greenhill Capital Partners since July 2002. Why is that significant? Because Penn Virginia, as of July, is trying to sell itself (see
Bet you didn’t know that natural gas can be certified as “premium” and “responsible,” did you? No, we didn’t either. It was quite a surprise when we read that Southwestern Energy has, for the first time anywhere, sold natural gas to a customer (utility company New Jersey Resources) that has been certified as “responsible gas.” The certification comes from Independent Energy Standards Corporation (IES) and they call it their TrustWell™ Responsible Gas Program certification. And what does such a prestigious label certify? It certifies the gas was “responsibly developed.” As opposed to irresponsibly developed gas, which is what everybody sells. “Responsible” gas, according to IES, is gas that doesn’t leak as much methane during the extraction and transportation process, doesn’t spill as much water and chemicals on the ground, sources water from places that are, well, responsible (we suppose), and engages the community–to make them feel good about all this responsible-ness going around. Yes, you may detect a little bit of snark in our comments on this news–because we happen to think the industry at large is already doing a great job of being responsible–without having a label put on it. This is just marketing. Hey, if it floats your boat to have a “responsible” label on your gas (paying to do so), go for it. Such a designation will never impress the eco-nuts. IES says they think “in time” that some 25-50% of all gas sold in the U.S. will have such a certification/label as green-friendly. We think that’s an ambitious number, given the fact there are still only five Marcellus/Utica drillers who have gone through the rigors of receiving a certification from the
We typically don’t report on the ups and downs of the stock price for Marcellus/Utica companies, primarily because the per-share price goes up, then it goes, down, then it goes up again…You get the picture. However, today we’re reporting on the share price for Eclipse Resources (as of last Friday) because it hit a new one-year low of $1.17 per share, before closing at $1.28/share. Bumping around the bottom of the barrel. Why pick on Eclipse about their stock price? Because they’re in the middle of getting bought out and merged into Blue Ridge Mountain Resources, the former Magnum Hunter Resources (see
The Pareto Principle is alive and well in the Buckeye State. You may know it as the 80/20 rule, or in this case, the 75/25 rule. The rule that states roughly 80% of the results come from 20% of the effort. Last week MDN brought you the latest update from the Ohio Dept. of Natural Resources–their second quarter 2018 report showing all production coming from the Ohio Utica Shale (see
According to a news account from Ohio, Cabot Oil & Gas is either in the midst of, or just recently completed, fracking their very first shale well in central Ohio. The well is located in Ashland County’s Green Township. As we previously reported, Cabot is targeting the Knox formation (see
Some exciting news to share. Southwestern Energy, headquartered in Texas, has cut a deal to sell all of their Fayetteville Shale (Arkansas) assets to Flywheel Energy for $1.865 billion in cash. The sale makes Southwestern a pure play, 100% focused driller on the Marcellus/Utica region (i.e. Appalachia). What will Southwestern do with an extra $1.865 billion? According to their announcement: (1) Spend $900 million of it on retiring IOUs (“notes”) previously issued. That is, debt retirement. (2) Buy back up to $200 million in outstanding shares of stock. (3) Spend $600 million of it over the next two years (2019 & 2020) on more Marcellus/Utica drilling. But not just any M-U drilling. Southwestern owns acreage in both northeastern PA and the northern panhandle of WV (with a some acreage in Washington County, PA). According to Southwestern’s announcement, the extra $600 million will go to drilling in the company’s “liquids-rich Appalachia assets.” Northeastern PA is dry dry dry–no liquids. WV landowners brace yourselves–Southwestern will soon bring an extra $600 million (over half a billion dollars) worth of drilling to your area. If you’re signed with Southwestern and haven’t yet seen drilling, you now stand a much better chance! Here’s the exciting news, along with extra resources we’ve located to better help you understand the news…
We finally come down to the final two lateral pipelines for Rover. The Federal Energy Regulatory Commission (FERC) played a game of hardball with Energy Transfer (ET) over the Rover Pipeline. For months FERC refused to allow four Rover laterals–feeder pipelines to shuttle gas from where it’s produced into the main Rover pipeline–to start up (see
It’s an amicable divorce, the split of EQT into upstream (drilling) and midstream (pipelines). But it’s still a divorce, and the parents have to decide which kids will go or stay with which company. The “kids” in this case are the top managers, the executives. And we have the list. After EQT announced its plan to buy/merge in Rice Energy last year, the company got pushback from a couple of so-called activist investors (i.e. corporate raiders). One raider, Jana Partners, tried its best to stop the EQT/Rice deal outright (see 
